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1965 Supreme(AP) 216

CHANDRASEKHARA SASTRI, VENKATESAM, P.SATYANARAYANA RAJU
Palani Swamy Chetty – Appellant
Versus
Salla Muthamma – Respondent


Advocates:
G. Srikrishna Prabhu, for Petitioner ; M.V. Subbaiah for Respondent.

Judgement

CHANDRASEKHARA SASTRY, J. :- in this batch of civil revision petitions, two questions arise for determination :

(1) Whether the appellate authority under the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 (hereinafter called the Act) can dismiss an appeal for default of appearance of the appellant? and

(2) Whether the appellate authority has power to restore such an appeal dismissed for default of appearance of the appellant on an application made by the appellant?

For deciding those two questions, it is necessary to refer to the relevant sections of the Act and the rules framed thereunder. Appeals against the orders passed by the Controller are provided by Section 20 of the Act, which reads :

"20 (1) Any person aggrieved by an order passed by the Controller may, within thirty days, from the date of such order, prefer an appeal in writing to the Chief Judge. Small Causes Court in the cities of Hyderabad and Secunderabad and elsewhere to the Subordinate Judge or if there are more than one Subordinate Judge, to the Principal Subordinate Judge having original jurisdiction over the area aforesaid. In computing the said period of thirty days, the time taken










































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